EPFO Appeal Sets Aside 2025 Judgment, Dismisses Writ

Authority: Regional Provident Fund Commissioner, Employees' Provident Fund Organisation - Vs - Sri Ram Deb Chatterjee & Ors.

Order Date: 20 July 2026

Parties: Appellant – Regional Provident Fund Commissioner, Employees' Provident Fund Organisation (EPFO); Respondent – Sri Ram Deb Chatterjee (writ petitioner) and others.
The appeal challenges the Single Bench order dated 17 July 2025 which relied on a scheme certificate dated 22 August 2007 issued by EPFO indicating the respondent served M/s. Simplex Project Limited for 9 years 6 months 5 days.
Clause 18 of the certificate specified a 30‑day non‑contributory period, reducing the service to 9 years 5 months 5 days.
The Single Bench applied Para 9(a) of the Employees’ Provident Fund Act, 1995, rounding the service to ten years, without accounting for the non‑contributory period.
EPFO filed a report on 12 June 2026 confirming that no contribution records exist for the respondent beyond the date of his departure, as more than 20 years have elapsed.
The Court noted that, when the non‑contributory period is considered, the actual service is 9 years 5 months 6 days, rendering Para 9(a) inapplicable.
Additional observations: the respondent delayed claim for nearly sixteen years, invoking laches; resignation from service results in forfeiture of the entire service.

The impugned order and judgment of 17 July 2025 are set aside.
The writ petition (WPA 4856 of 2025) is dismissed.
FMA 341 of 2026 is allowed; connected applications CAN 2 of 2025 and CAN 3 of 2026 are disposed.
No order as to costs; parties to act on the server copy of the order from the Court’s official website.

Topics: Employees' Provident Fund, Court Judgment